New York Establishes New Law To Seal Convictions

Frequently Asked Questions about Criminal Procedure Law §160.59

What is New York’s new sealing law, Criminal Procedure Law 160.59?

New York’s new sealing law, CPL 160.59, allows people who have been convicted in no more than two cases (only one of which can be a felony case) to apply to seal certain conviction(s) from New York, if it has been at least 10 years since their sentencing or release from jail or prison. Only certain convictions are eligible for sealing, and there are other requirements as well. (See eligibility below.)

Who is eligible to apply for sealing under the new law?

You may be eligible if: at least 10 years have passed since you were sentenced (not counting time served in jail or prison) AND:

You only have 1 or 2 criminal convictions total. (If you have more than one conviction that was “committed as part of the same criminal transaction,” that counts as a single conviction.)

Only 1 of those convictions is a felony.

Convictions for the following crimes are not eligible to be sealed:

Sex offense defined in Penal Law Article 130

Offense requiring registration as a sex offender

Sexual performance by a child defined in Penal Law Article 263

Class A felony

Violent felony defined in Penal Law § 70.02

Felony conspiracy to commit an ineligible offense

Felony attempt to commit an ineligible offense

NOTE: Other factors may affect eligibility. For more information, you can call the Legal Action Center at (212) 243-1313.

How do I apply?

To apply for sealing under the new law, you must file a motion with the court where you were convicted. You must also serve a copy to the District Attorney. The judge and District Attorney will then make a decision based on your motion, or they can require a hearing to further inform their decision.